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GIFT  OF 
Bureau  of  railway 


New  York  Central  &  Hudson  River  R.  R.  Co. 


DECISION  OF  ARBITRATORS 


Decision  of  Arbitrators  Governing  Rates  of  Pay  and  Certain  Conditions  of  Employment  of 
Passenger  and  Freight  Conductors,  Assistant  Conductors,  Train  Baggagemen,  Passenger  Trainmen, 
Freight  Brakemen  and  Flagmen,  Yard  Conductors  and  Yard  Brakemen,  and  also  Conductors  and 
Trainmen  in  Mixed  Train,  Mine  Run,  and  Pusher  or  Helper  Service,  in  the  Employ  of  the  New 
York  Central  &  rludson  River  Railroad  Company  (including  the  West  Shore  Railroad)  and  the 
Boston  &  Albany  Railroad  Company. 


Under  an  agreement  made  April  12,  1910,  between  Mr.  A.  H.  Smith,  Vice-President  and 
General  Manager  of  the  New  York  Central  Railroad  and  the  Boston  &  Albany  Railroad,  and  Mr. 
A.  B.  Garretson,  President  of  the  Order  of  Railway  Conductors,  and  Mr.  W.  G.  Lee,  President 
of  the  Brotherhood  of  Railroad  Trainmen,  the  questions  of  whether  or  not  the  above-designated 
employes  on  the  properties  named  shall  be  accorded  increases  in  pay,  and  if  so,  what  such  increases 
shall  be  and  what  changes  in  working  conditions  shall  be  made,  were  submitted  to  the  undersigned 
as  arbitrators,  with  an  agreement  that  the  award  shall  be  effective  as  of  April  1,  1910. 

The  limits  of  the  arbitration  are,  on  the  one  hand,  the  existing  rates  of  pay  and  conditions  of 
employment,  and,  on  the  other  hand,  certain  proposals  submitted  by  the  employes  through  their 
representatives,  which  are  hereinafter  stated  and  discussed  seriatitn. 

For  many  years  rates  of  pay  of  trainmen  and  yardmen  in  the  territory  east  of  Chicago,  St. 
Louis  and  the  Mississippi  River  have  been  lower  than  in  the  territory  west  of  that  line,  and  the  dif- 
ferences were  widened  by  substantial  increases  secured  on  the  Western  lines  in  1903  and  1907.  The 
employes  on  the  eastern  hues  had  their  requests  and  proposals  for  increases  of  pay  all  ready  for  sub- 
mission to  the  managements  of  the  roads  when  the  financial  depression  of  1907  occurred.  Realizing 
the  impossibility  of  securing  at  that  time  favorable  consideration  of  such  requests  the  proposals  were 
withheld  awaiting  a  revival  of  business  conditions  and  of  earnings,  and  early  in  the  present  year 
were  presented  generally  to  the  managements  of  the  roads  east  of  Chicago  and  St.  Louis  and  north 
of  the  lines  of  the  Chesapeake  &  Ohio  Railway. 

Differing  views  have  always  been  entertained  and  expressed  as  to  the  effect  that  should  be  given 
to  changes  in  the  cost  of  living.  Whatever  opinions  may  be  held  in  connection  with  temporary 
fluctuations  in  such  cost  it  must  be  and  is  conceded  that  present  conditions  warrant  and  require 
readjustment  of  wages  of  men  who,  like  those  here  involved,  have  not  had  such  readjustment. 
Evidently  we  have  reached  a  permanently  new  basis  of  living  and  living  costs  which  calls  for  sub- 
stantial increase  in  wages  to  these  men. 
■  It  happened  that  the  efforts  of  the  employes  through  their  organizations  to  reach  adjustment 
with  an  individual  line  were  first  made  on  the  Baltimore  &  Ohio  Railroad,  and  that,  therefore, 
became  the  trial  ground  for  the  establishment  of  the  higher  scales  of  pay  and  of  substantially 
uniform  conditions  on  the  roads  in  the  territory  described;  and  modifications  of  the  original  pro- 
posals of  the  employes  made  in  that  settlement  necessarily  established  precedents  of  great  weight 
in  subsequent  settlements  on  other  lines. 

1 

G1704R 


•>  ;*;  '.'1-.'     .; '. !  ^^/o 

"  ""  ^  Yhe'acfjustment  on  the  Baltimore  &  Ohio  Railroad  was  agreea  to  between  the  management  and 
the  officers  of  the  employes'  organizations  as  a  result  of  exhaustive  negotiations  and  of  the  efforts 
of  the  Chairman  of  the  Interstate  Commerce  Commission  and  the  United  States  Commissioner  of 
Labor,  acting  as  mediators  under  the  so-called  Erdman  Arbitration  Act. 

We  recognize  fully  the  importance  and  desirability  of  the  nearest  possible  approach  to  uniform- 
ity in  pay  of  employes  in  like  service  in  a  given  territory,  but  the  nearest  approach  to  such  uni- 
formity has  always  recognized  some  variations  on  account  of  differing  conditions  on  different  lines 
of  road.  We  shall  award  the  rates  and  rules  which  we  regard  as  the  proper  standards  in  this  terri- 
tory. At  the  same  time  we  shall  prescribe  certain  exceptions,  due  to  local  conditions,  which  are 
peculiar  to  this  line,  and  shall  postpone  the  effective  date  of  a  part  of  the  increases  awarded,  solely 
because  the  increases  and  the  percentage  of  increase  necessary  to  reach  those  standards  on  this  sys- 
tem are  much  greater  than  were  necessary  on  any  system  in  this  territory  upon  which  settlement 
has  been  made,  and  much  greater  than  will  be  necessary  on  any  system  in  this  territory  of  which 
we  have  knowledge. 

PROPOSED   BY   EM'PLOYES: 

Article  A.     On  runs  of  155  miles  per  day  or  over,  the  pay  of  passenger  con- 
ductors on  steam  or  electric  trains  to  be  2.75  (2fc.  per  mile) ;  baggagemen  1.75  cents 
(Ifc.)  per  mile;   flagmen  and  brakemen  1.65  cents  (1  65/ 100c.)  per  mile. 
This  article  proposes  a  uniform  rate  of  pay  per  mile  for  employes  in  passenger  train  service 
in  lieu  of  the  existing  rates,  which  vary  according  to  the  service  and  local  conditions  on  the  different 
divisions  of  the  road.     In  the  settlement  on  the  Baltimore  &  Ohio  the  rates  of  pay  for  these 
employes,  not  otherwise  specially  provided  for,  were  fixed  as  follows: 

Passenger  conductors 2.68  cents  per  mile 

Minimum  monthly  pay  $125.00. 

Baggagemen  handling  express 1.65  cents  per  mile 

Minimum  monthly  pay  $79.00. 

Baggagemen  not  handling  express 1.55  cents  per  mile 

Minimum  monthly  pay  $75.00. 

Brakemen 1.50  cents  per  mile 

Minimum  monthly  pay  $70.00. 

In  settlements  just  made  on  the  New  York,  New  Haven  &  Hartford  and  Boston  &  Maine 

Railroads,  the  pay  of  the  passenger  train  employes  was  fixed  as  follows : 

Conductors 2.68  cents  per  mile 

Assistant  Conductors  or  Ticket  Collectors 2.15  cents  per  mile 

Baggagemen 1.55  cents  per  mile 

Brakemen 1 .50  cents  per  mile 

with  stipulations  as  to  minimum  month's  pay  the  same  as  on  the  Baltimore  &  Ohio,  and  minimum 

day's  pay  as  follows: 

Conductors,  both  steam  and  electric $4.20  per  day 

Assistant  Conductors 3.35  per  day 

Baggagemen 2.75  per  day 

Brakemen 2.55  per  day 

of  ten  hours  or  less;  overtime  pro  rata. 

It  is  argued  by  representatives  of  the  company  that  the  conditions  on  the  New  York  Cen- 

2 


tral  are  substantially  diflferent  from  those  on  either  of  the  above  referred  to  roads,  particularly 
in  that  the  New  York  Central  has  largely  a  four-track  line,  has  many  through  fast  passenger 
trains  upon  which  the  runs  are  naturally  and  necessarily  longer  and  upon  which  the  employes 
easily  make  a  much  larger  mileage  within  a  given  time.  We  are  impressed  with  the  force  of 
this  argument  as  applied  to  the  long  runs  in  fast  through  passenger  train  service  on  this  road, 
and  we  find  established  precedents  for  differentiating  between  fast  through  trains  on  long  runs  and 
slower  trains  and  shorter  runs. 

IT  IS  ADJUDGED  AND  AWARDED  that  in  all  passenger  train  service  not  otherwise 
specified  herein  the  standard  rates  of  pay  in  both  steam  and  electric  service  shall  be: 

Conductors. 2.68    cents  per  mile 

Assistant  Conductors. 2.15    cents  per  mile 

Baggagemen. ...1.55    cents  per  mile 

Rear  Trainmen  (Flagmen) 1.525  cents  per  mile 

Brakemen. 1.50    cents  per  mile 

EXCEPTIONS: 

(a)  On  passenger  trains  upon  which  the  men  run  through  in  either  direction  between  New 
York  and  Buffalo;  or  Weehawken  and  Suspension  Bridge  or  Buffalo;  the  pay  shall  be: 

Conductors 2.40  cents  per  mile 

Baggagemen. 1.39  cents  per  mile 

Rear  Trainmen  (Flagmen) 1.37  cents  per  mile 

Brakemen. 1.34  cents  per  mile 

(b)  On  the  through  passenger  train  runs  between  Utica  and  Montreal,  and  on  passenger 
train  runs  on  the  River,  Hudson,  Mohawk  and  Western  Divisions  other  than  those  referred 
to  in  preceding  paragraph  (a),  upon  which  the  crews  run  more  than  5,500  miles  per  month, 
the  pay  shall  be  as  follows  until  January  1,  1911: 

Conductors 2.50    cents  per  mile 

Baggagemen. 1.45    cents  per  mile 

Rear  Trainmen  (Flagmen). 1.42    cents  per  mile 

Brakemen. 1.40    cents  per  mile 

and  on  January  1,  1911,  shall  be  advanced  to  the  standard  rates  above  awarded. 

(c)  It  has  been  customary  for  both  officers  of  railroads  and  employes  to  recognize  the 
propriety  of  lower  rates  of  pay  on  branch  line  runs  where  the  traffic,  the  work  and  the  responsibil- 
ities are  comparatively  light.  Such  runs  are  surrounded  and  influenced  by  local  conditions  which 
are  not  before  us  as  to  the  following  branch  line  runs*  Possum  Glory,  Phillipsburg,  Wallkill  Valley, 
Chenango,  Batavia  and  Attica,  Herkimer  and  Poland,  Clearfield  and  Keating,  30th  Street, 
Mahopac,  Penn  Yan,  Wellsboro,  Clearfield  Southern,  Cape  Vincent  and  De  Kalb.  With  the 
understanding  that  these  runs  are  to  be  the  subject  of  adjustments  between  the  employes  and 
the  company  in  the  usual  way,  we  refrain  from  fixing  rates  of  pay  therefor  except  to  award  that 
the  men  employed  thereon  shall  be  accorded  increases  in  pay  in  harmony  with  their  relationship 
to  runs  in  the  same  territory  that  come  under  the  minimum  pay  rules  herein  awarded,  effective 
as  of  April  1,  1910. 

3 


PROPOSED  BY  EMPLOYES: 
Article  B.     On  runs  of  less  than  155  miles  per  day,  the  pay  of  passenger  con- 
ductors on  steam  or  electric  trains  to  be  $4,25  per  day;  baggagemen  $2.75  per  day; 
flagmen  and  brakemen  $2.55  per  day. 
IT    IS    ADJUDGED    AND    AWARDED    that  minimum  allowances  for  employes  in  both 

steam  and  electric  passenger  services  for  each  day  used  shall  be : 

Conductors $4.20  per  day 

Assistant  Conductors .- -.  3.35  per  day 

Baggagemen -. 2.75  per  day 

Brakemen .- 2.55  per  day 

exclusive  of  overtime;    and  that   regular  assigned   passenger  train  employes  who  are  ready  for 

service  the  entire  month  and  who  do  not  lay  off  on  their  own  accord  shall  receive  the  following 

minimum  sums,  exclusive  of  overtime,  for  the  calendar  month: 

Conductors $125.00 

Assistant  Conductors 100.00 

Baggagemen -. 75.00 

Rear  Trainmen  (Flagmen) 72.50 

Brakemen 70.00 

PROPOSED  BY  EMPLOYES: 
ARTiciyE  C.  Ten  hours  or  less,  155  miles  or  less,  will  constitute  a  day's  work  in 
passenger  service.  All  over  ten  hours  to  be  paid  for  as  overtime  and  be  computed 
from  the  time  men  are  required  to  report  for  duty  and  to  continue  until  they  are 
relieved  from  duty  at  the  end  of  run,  and  will  be  paid  for  at  the  following  rates: 
Conductors  42  cents,  baggagemen  27  cents,  flagmen  and  brakemen  25  cents  per  hour. 
Less  than  30  minutes  not  to  be  counted;  30  minutes  or  over  to  be  paid  for  as  one 
hour. 

All  regularly  assigned  passenger  crews  will  be  guaranteed  not  less  than  155  miles 
per  day  for  the  calendar  working  days  of  the  month. 
The  conditions  on  the  Boston  &  Albany  are  substantially  similar  to  those  on  the  competing 
New  York,  New  Haven  &  Hartford  and  Boston  &  Maine  systems,  and  there  appears  to  be  no 
good  reason  why  this  rule  should  not  be  substantially  the  same  for  those  lines. 

In  computing  overtime  the  general  practice  has  been  to  disregard  fractions  of  an  hour  less 
than  30  minutes  and  to  count  fractions  of  more  than  30  minutes  as  full  hours.  This  practice 
has  been  found  objectionable  in  many  ways  to  both  companies  and  employes.  It  is  open  to  and 
has  led  to  abuses.  The  theory  underlying  a  mileage  schedule  of  pay  is  that  the  employe  will 
be  paid  for  all  the  service  he  renders,  and  the  company  will  not  pay  for  any  service  that  it  does 
not  get.  Upon  that  same  principle  rests  the  logical  contention  that  the  pay  of  employes  shall 
begin  at  the  time  at  which  they  are  required  to  report  for  duty.  That  principle  applied  to  com- 
putation of  overtime  dictates  that  overtime  should  be  paid  for  actual  overtime  worked  or  held 
for  duty.  There  is  no  good  reason  why  the  employe  should  work  29  minutes  overtime  for  noth- 
ing, or  why  the  company  should  pay  one  hour's  pay  for  31  minutes  of  overtime. 

IT  IS  ADJUDGED  AND  AWARDED  that  New  York  Central  passenger  tram  employes 
on  short  turn-around  runs,  no  single  trip  of  which  exceeds  80  miles,  including  suburban  service, 
shall  be  paid  overtime  for  all  time  actually  on  duty  or  held  for  duty  in  excess  of  8  hours  (com- 


pitted  on  each  run  from  the  time  required  to  report  for  duty  to  end  of  that  run)  within  12 
consecutive  hours;  and  also  for  all  time  in  excess  of  12  consecutive  hours  computed  continuously 
from  time  first  required  to  report  to  final  release  at  end  of  last  run.  All  other  New  York  Cen- 
tral passenger  train  employes  shall  be  paid  for  overtime  on  the  basis  of  20  miles  per  hour,  computed 
from  the  time  required  to  report  for  duty  until  released,  and  separately  for  each  part  of  a 
round-trip  run. 

In  passenger  train  service  on  the  Boston  &  Albany  Railroad  the  Boston-Springfield  and  Spring- 
field-Albany runs  shall  be  paid  overtime  on  the  above  basis  of  20  miles  per  hour.  On  all  other 
Boston  &  Albany  passenger  runs  ten  hours  or  less  shall  constitute  a  day,  and  all  time  in  excess  of  ten 
hours,  computed  continuously  from  the  time  required  to  report  to  final  release  at  the  end  of  last  run, 
shall  be  paid  for  as  overtime. 

Overtime  in  passenger  train  service  shall  be  computed  for  each  employe  on  the  basis  of  actual 
overtime  worked  or  held  for  duty,  and  at  the  following  rates  : 

Conductors 42  cents  per  hour 

Assistant  Conductors 33  cents  per  hour 

Baggagemen 25  cents  per  hour 

Rear  Trainmen  (Flagmen) 24  cents  per  hour 

Brakemen 24  cents  per  hour 

See  exception  on  page  12. 

PROPOSED  BY  EMPLOYES  : 

Article  D.     Milk  trains  will  be  given  the  same  rate  of  pay  which  apphes  to  the 
branch  of  service  in  which  they  are  classed  on  any  line  November  1,  1909,     If  not 
classed  in  either  freight  or  passenger  service,  not  a  lesser  rate  of  increase  will  be  given 
than  is  given  in  freight  service. 
Milk  trains  must  of  necessity  be  run  to  meet  the  varying  requirements  on  different  roads  and 
on  different  divisions  of  the  same  road.     A  fixed  rule  of  general  application  would  be  impracticable. 

IT  IS  ADJUDGED  AND  AWARDED  that  the  rates  of  pay  of  Conductors  and  Trainmen  on 
milk  trains  shall  be  increased  by  the  same  percentage  as  the  rates  in  through  freight  train  service 
on  the  same  district  are  increased  by  this  arbitration. 

PROPOSED  BY  EMPLOYES  : 

Articl,E  E.     Reductions  in  crews  or  increases  of  mileage  in  passenger  service  from 
assignments  in  effect  November  1,  1909,  will  not  be  made  for  the  purpose  of  offsetting 
these  increases  in  wages. 
Unlike  men  in  ordinary  industrial  trades,  employes  on  trains  must,  in  order  to  enjoy  any  of  the 
advantages  and  comforts  of  home  life,  have  their  runs  so  adjusted  as  to  give  them  the  greatest  prac- 
ticable amount  of  time  at  home.     If,  therefore,  an  increase  in  pay  were  to  be  offset  by  a  readjust- 
ment of  runs,  which  not  only  increased  the  duties  and  service  of  the  employes,  but  served  to  keep 
them  away  from  their  homes  and  thus  add  to  their  cost  of  living,  it  would  be  a  vain  accomplishment 
and  be  most  unsatisfactory.     On  the  other  hand,  the  exigencies  of  the  business  are  such  that  the  re- 
sponsible managing  officers  of  the  road  must  have  reasonable  leeway  within  which  to  adjust  the  num- 
ber and  time  of  their  trains  and  the  points  between  which  they  will  run  in  such  way  as  to  best  and 
most  satisfactorily  serve  the  public.     Therefore,  a  reasonable  fixed  rule  on  this  subject  is  outside  the 
limits  of  possibility. 

5 


IT  IS  ADJUDGED  AND  AWARDED  that  reductions  in  crews  or  increases  of  mileage  in  pas- 
senger train  service  shall  not  be_,made  for  the  purpose  of  offsetting  these  increases  in  wages.  This, 
however,  is  not  to  be  understood  as  preventing  readjustment  of  runs  in  short  turn-around  and  sul)- 
urban  service,  that  are  paid  under  minimum  rules,  for  the  purpose  of  avoiding  payment  of  excess 
mileage  or  overtime  that  would  accrue  under  these  rules,  without  reducing  the  number  of  crews. 

PROPOSED  BY  EMPI.OYES: 

ArTici,e  F.     Through  and  irregular  freight  service  to  be  paid  as  follows:  Con- 
ductors 3.8  cents  (3  8/ 10c.)  per  mile,  flagmen  2.63  cents  (2  63/ 100c.)  per  mile,  brake- 
men,  2.53  cents  (2  53/ 100c.)  per  mile;  runs  of  100  miles  or  less,  either  straight-away 
or  turn-around  to  be  paid  for  as  100  miles. 
This  proposal  was  modified  in  the  settlement  on  the  Baltimore  &  Ohio  Railroad  to  the  general 
basis  of : 

Conductors. 3.63    cents  per  mile 

Flagmen 2.525  cents  per  mile 

Brakemen. 2.42    cents  per  mile 

with  allowance  of  100  miles  for  run  of  100  miles  or  less  either  on  straight-away  or  turn-around  runs. 
The  same  rates  have  since  been  established  in  adjustments  on  the  New  York,  New  Haven  &  Hart- 
ford and  Boston  &  Maine  Railroads. 

It  is  contended  on  the  one  hand  that  the  physical  conditions,  additional  tracks,  grades,  classifi- 
cation of  trains,  etc.,  on  the  New  York  Central  justify  lower  rates  per  mile  for  through  freight  ser- 
vice than  in  the  other  roads  named,  and  that  the  rates  should  be  less  per  mile  for  fast  through  freight 
trains  than  on  slow  through  freight  trains,  as  is  provided  for  and  recognized  in  the  existing  New 
York  Central  pay  schedule.  On  the  other  hand,  it  is  contended  that  all  through  freight  runs  should 
be  paid  the  same  rate  per  mile,  and  this  is  a  general  or  almost  universal  practice. 

An  analysis  of  the  freight  runs  on  the  New  York  Central  shows  that  of  the  freight  train  mile- 
age about  40  per  cent  is  local  and  pick-up  service,  about  30  per  cent  is  slow  through  freight,  and 
about  30  per  cent  fast  through  freight. 

IT  IS  ADJUDGED  AND  AWARDED  that  in  through  freight  train  service  the  standard  rates 
of  pay  shall  be  : 

Conductors 3.63    cents  per  mile 

Flagmen... 2.525  cents  per  mile 

Brakemen.. 2.42    cents  per  mile 

Runs  of  less  than  100  miles  shall  be  paid  at  100  miles;  but  the  representatives  of  the  company 
and  of  the  employes  may  agree  upon  certain  instances  in  which  an  individual  employe  or  a  crew, 
not  having  made  100  miles,  may  make  two  or  more  short  runs  in  continuous  service  without  being 
entitled  to  100  miles  allowance  for  each  such  trip. 

EXCEPTION : 

On  the  Hudson,  Mohawk,  Western,  and  River  Divisions  of  the  New  York  Central,  the  rates  in 
through  freight  train  service  shall  be  as  follows  until  January  1,  li)ll : 

Conductors 3.4    cents  per  mile 

Brakemen .- 2.35  cents  per  mile 

and  on  January  1,  1911,  shall  be  advanced  to  the  standard  rates  above  awarded. 

6 


PROPOSED  BY  EMPLOYES: 
ArticIvK  G.     Local  or  pick-up  service  to  be  paid  as  follows:    Conductors  4.05 
cents  (4  l/20c.)  per  mile;  flagmen  2.8  cents  (2  8/ 10c.)  per  mile;  brakemen  2.7  cents 
(2  7/ 10c.)  per  mile;   100  miles  or  less  to  be  paid  for  as  100  miles.    Where  regularly 
assigned  local  crews  working  less  than  the  calendar  working  days  of  the  month  are  em- 
ployed, they  will  be  guaranteed  not  less  than  100  miles  for  each  calendar  working  day. 
These  proposed  rates  were  modified  in  the  settlement  on  the  Baltimore  &  Ohio  Railroad  to 
the  following  general  basis : 

Conductors. $3,975  per  day 

Flagmen 2,80    per  day 

Brakemen. : 2.70    per  day 

100  miles  or  less  or  ten  hours  or  less  to  constitute  a  day;  mileage  in  excess  of  100  miles  on  any  run 
or  hours  in  excess  of  10  paid  for  additional,  pro  rata. 

The  same  rates  were  adopted  on  the  New  York,  New  Haven  &  Hartford  and  Boston  &  Maine 
Railroads,  and  the  theretofore  existing  provision  that  75  miles  or  less  will  be  paid  for  as  100  miles 
was  continued. 

IT  IS  ADJUDGED  AND  AWARDED  that  in  local  freight,  pick-up  and  drop  service  men 

shall  be  paid  as  follows: 

Conductors. $3,975  per  day 

Flagmen 2.80    per  day 

Brakemen..._.. 2.70    per  day 

Mileage  in  excess  of  100  miles  in  any  day  shall  be  paid  for  in  addition,  pro  rata. 

PROPOSED  BY  EMPLOYES: 
Article  H.     In  all  freight  service  100  miles  or  less,  ten  hours  or  less  to  con- 
stitute a  day's  work;   overtime  after  ten  hours.      On  runs  of  over  100  miles,  over- 
time will  be  paid  on  a  basis  of  speed  of  ten  miles  per  hour.    The  working  time  of 
men  to  begin  at  time  required  to  report  for  duty  and  to  continue  until  released  from 
duty  at  end  of  run.    Overtime  to  be  paid  for  at  the  rate  of  ten  miles  per  hour  for 
class  of  service  performed.    Less  than  30  minutes  not  to  count,  30  minutes  or  over 
.  to  be  paid  for  as  one  hour. 
This  proposal  is  an  accepted  and  long  established  rule,  except  that  in  the  past  it  has  been 
generally  customary  to  compute  the  employes'  pay  from  the  time  set  for  them  to  leave,  although 
the  New  York  Central  rule  has  been  to  compute  the  time  from  30  minutes  before  the  time  set  to 
leave,  and  the  Boston  &  Albany  rule  has  been  substantially  that  now  sought.    It  is  now  proposed 
that  the  time  shall  begin  at  the  time  employes  are  required  to  report  for  duty.     Certain  duties 
performed  by  employes  before  leaving  are  performed  under  rules  and  requirements  of  the  railroad 
company,  and  are  in  fact  the  work  of  the  railroad  company,  and  ought  to  be  paid  for  as  such. 

IT  IS  ADJUDGED  AND  AWARDED  that  in  all  freight  and  mixed  train  service,  including 
mine  runs  and  pusher  or  helper  service,  100  miles  or  less  or  ten  hours  or  less  shall  con- 
stitute a  day's  work;  that  on  runs  of  100  miles  or  less  overtime  shall  be  paid  for  time  in  excess 
of  ten  hours,  and  on  runs  of  over  100  miles  overtime  shall  be  paid  for  that  time  used  in  excess  of 
the  time  necessary  to  complete  the  trip  of  an  average  speed  of  10  miles  per  hour.    The  working 

7 


time  of  the  men  shall  begin  at  the  time  they  are  required  to  report  for  duty,  and  do  so  report,  and 
shall  continue  until  they  are  relieved  from  duty  at  end  of  run. 

Overtime  shall  be  computed  for  each  employe  on  the  basis  of  actual  overtime  worked  or  held 
for  duty,  and  be  paid  for  at  the  rate  of  10  miles  per  hour  for  the  class  of  service  performed. 

PROPOSED  BY  EMPLOYES: 
Artici^E  I.     Work,  construction  or  wrecking  trains  to  be  paid  through  freight 
rates;  100  miles  or  less,  10  hours  or  less,  to  constitute  a  day's  work,  overtime  pro  rata. 
At  the  present  time  employes  in  work,  construction  and  wrecking  train  service  on  the  New 
York  Central  are  paid  higher  rates  than  in  through  freight  train  service,  the  conductor's  rate  being 
$8.50  and  the  brakeman's  rate  $2.50. 

IT  IS  ADJUDGED  AND  AWARDED  that  in  work,  construction  and  wrecking  train  service, 
including  ballast  and  filling  service,  men  shall  be  paid  through  freight  rates,  except  that  on  the 
New  York  Central  the  brakeman's  present  rate  of  $2.50  per  day  shall  be  continued. 

One  hundred  miles  or  less,  ten  hours  or  less,  shall  constitute  a  day's  work;  overtime,  com- 
puted for  each  employe  on  the  basis  of  actual  overtime  worked  or  held  for  duty,  pro  rata. 

PROPOSED  BY  EMPLOYES: 
ArTicIvE  J.     The  same  increases  as  given  in  freight  service  to  be  also  given  in 
mixed,  mine,  and  all  other  freight  service.     In  all  classes  of  freight,  mixed,  helper 
and  other  freight  service  not  over  10  hours  will  be  required  for  a  day's  work.    Over- 
time after  10  hours  pro  rata  rates. 
Conductors  and  trainmen  in  mixed  train,  mine  run,  and  pusher  or  helper  service  are  classified 
in  present  pay  schedule. 

IT  IS  ADJUDGED  AND  AWARDED  that  runs  or  service  in  mixed  train,  mine  run,  and 
pusher  or  helper  service  shall  be  continued  in  the  present  classifications,  and  conductors  and  train- 
men employed  therein  shall  be  given  the  same  increases  in  pay  as  are  given  to  those  respective 
classifications. 

PROPOSED  BY  EMPLOYES: 
Article  K,     The  increases  herein  requested  to  apply  to  all  rates  for  special  or 
incidental  services,  as  specified  in  the  individual  schedules. 
Local  conditions  necessitate  more  or  less  incidental  service  on  certain  divisions  of  the  road 
for  which  special  regulations  must  be  provided  according  to  the  local  requirements  of  the  com- 
pany and  of  the  men. 

IT  IS  ADJUDGED  AND  AWARDED  that  rules  governing  such  services  not  provided  for 
herein  shall  be  arranged  between  the  officers  of  the  company  and  representatives  of  the  employes 
upon  bases  consistent  and  in  harmony  with  the  rate  and  rules  herein  awarded. 

PROPOSED  BY  EMPLOYES: 
Artict,i<;  L.     Deadheading  in  freight  or  passenger  service  to  be  paid  for  at  full 
rates  for  the  class  of  service  in  which  regularly  engaged.     Trainmen  running  with 
light  engines,  or  engine  and  caboose,  will  be  paid  full  through  freight  rates. 
Where  individual  employes  are  deadheaded  it  is  usually  practicable  and  customary  to  dead- 
head them  on  passenger  trains.    Where  freight  crews  are  deadheaded  it  is  generally  necessary  to 

8 


also  deadhead  their  cabooses,  and  generally  desirable,  especially  when  men  are  deadheading  away 
from  their  home  tenninals,  that  they  should  go  with  their  cabooses.  The  exigencies  of  the  service 
and  the  necessity  at  times  of  deadheading  men  on  shortest  notice  make  an  inflexible  rule  as  to 
the  manner  of  deadheading  men  impracticable.  The  present  rule  on  the  Boston  &  Albany  allows 
men  full  pay  for  deadheading. 

IT  IS  ADJUDGED  AND  AWARDED  that  on  the  Boston  &  Albany  the  present  rule  for 
payment  of  full  time  for  deadheading,  and  the  exception  thereto  as  to  extra  men,  shall  be  con- 
tinued in  force;  that  on  the  New  York  Central  employes  deadheading  on  passenger  trains  shall  be 
paid  one-half  mileage  rates  for  the  class  of  service  in  which  they  are  engaged,  and  when  dead- 
heading on  freight  trains  shall  be  paid  at  full  mileage  rates  for  the  class  of  service  in  which  en- 
gaged, and  that  on  both,  the  New  York  Central  and  the  Boston  &  Albany,  trainmen  running  with 
light  engines  or  with  engine  and  caboose  shall  be  paid  through  freight  rates. 

PROPOSED  BY  EMPLOYES: 
Article  M.     With  trains  of  over  30  cars,  exclusive  of  caboose,  the  practice  of 
doubleheading  is  to  be  discontinued,  except  as  hereinafter  provided.     Doubleheaders 
may  be  run  on  any  district,  when  necessary  on  account  of  inclement  weather  or  to 
avoid  running  the  engine  light,  or  in  moving  engines  to  and  from  shops,  provided  the 
rating  of  the  heaviest  engine  handling  train  is  not  exceeded.     In  case  of  an  accident 
to  any  engine,  consolidation  may  be  effected  with  another  train,  and  the  consolidated 
train  brought  into  terminal  if  practicable. 
In  the  settlement  on  the  Baltimore  &  Ohio  Railroad  it  was  agreed  that  consideration  of  this 
proposition  would  be  postponed  and  that  the  parties  would  join  in  an  effort  to  have  the  subject 
taken   up   in   a  joint   conference  for  all  the  roads  in   the  territory  alike,  and  the  proposal  was 
disposed  of  in  the  same  way  on  the  New  York,  New  Haven  &  Hartford  and  Boston  &  Maine  Rail- 
roads.    The  percentage  of  doubleheading  in  freight  service  on  the  New  York  Central  road  is  small, 
and  in  view  of  these  facts  we  do  not  deem  it  consistent  or  proper  to  establish  a  rule  or  precedent 
in  this  proceeding. 

IT  IS  ADJUDGED  AND  AWARDED  that  the  New  York  Central  and  Boston  &  Albany 
Railroads  shall  join  in  arrangements  for  and  in  representation  at  such  conference. 

PROPOSED  BY  EMPLOYES: 
Article  N.     The  Chicago  standard  rates  of  pay  to  govern  in  all  yards;   10  hours 
or  less  to  constitute  a  day's  work.     Overtime  pro  rata. 

Since  this  proposal  was  first  submitted  the  Chicago  scale  of  pay  for  yard  conductors  and  yard 
brakemen  has  been  increased  3  cents  per  hour  for  each  of  those  classes,  and  corresponding  in- 
creases of  3  cents  per  hour  have  been  voluntarily  made  to  the  same  employes  of  the  New  York 
Central  and  Boston  &  Albany  roads.  At  present  the  yard  service  on  the  New  York  Central  Rail- 
road is  divided  into  six  groups,  with  a  different  scale  of  pay  for  each  group.  The  yards  on  the 
Boston  &  Albany  are  all  in  one  group,  with  one  scale  of  pay,  except  South  Framingham  yard. 
The  proposal  of  the  employes  if  adopted  would  place  all  of  the  yards  in  one  class  and  would 
apply  to  all  of  them  the  highest  scale  of  pay. 

The  proposal  was  modified  in  the  settlements  on  the  Baltimore  &  Ohio,  New  York,  New  Haven 
&  Hartford,  and  Boston  &  Maine  roads,  and  the  different  yards  have  been  classified  in  groups, 

9 


according  to  the  importance  of  the  yard  and  the  character  of  the  work  done  there,  and  with  a  scale 
of  pay  for  each  group. 

We  are  not  prepared  to  say  that  the  employes  in  the  less  important  yards  shall  be  now  put 
upon  the  same  basis  of  pay  as  the  men  in  the  more  important  yards  and  the  large  switching  centers. 
We  think  that  the  yards  should  be  classified  in  three  groups;  that  in  the  yards  in  the  second  group 
the  men  should  be  paid  one  cent  per  hour  less  than  in  the  first  group,  and  in  the  third  group  two 
cents  per  hour  less  than  in  the  first  group. 

Recent  adjustments  made  between  these  organizations  and  the  managements  of  other  roads 
have  fixed  rates  of  pay  for  yard  conductors  and  yard  brakemen  at  Cleveland  and  other  important 
switching  centers  east  of  Chicago  at  one  cent  per  hour  less  than  the  Chicago  scale.  That  basis, 
one  cent  below  the  Chicago  scale,  has  for  a  long  time  obtained  at  Buffalo  and  in  the  terminals  of 
the  New  York  Central  at  New  York  Harbor. 

IT  IS  ADJUDGED  AND  AWARDED  that  in  the  following  yards  of  the  Boston  &  Albany 
Railroad:  Rensselaer,  West  Springfield,  Springfield,  Worcester,  Beacon  Park,  East  Cambridge, 
East  Boston  and  Boston;  and  in  the  following  yards  of  the  New  York  Central  Railroad:  Buffalo, 
East  Buffalo,  Rochester,  East  Rochester,  Suspension  Bridge,  Niagara  Falls,  Syracuse,  De  Witt, 
Utica,  West  Albany,  Albany,  Rensselaer  and  New  York  Harbor  points  the  rates  of  pay  shall  be: 

Day  Conductors 37  cents  per  hour 

Day  Brakemen. 34  cents  per  hour 

Night  Conductors 39  cents  per  hour 

Night  Brakemen 36  cents  per  hour 

That  in  the  Pittsfield  Junction  yard  of  the  Boston  Sc  Albany  Railroad;  and  in  the  following 
yards  of  the  New  York  Central  Railroad :  Ravena,  Lyons,  Tonawanda,  Oswego,  Watertown,  Corning, 
Newberry  Junction,  Avis,  Clearfield,  Troy  and  Schenectady,  the  rates  of  pay  shall  be: 

Day  ConductorsL 36  cents  per  hour 

Day  Brakemen 33  cents  per  hour 

Night  Conductors. 38  cents  per  hour 

Night  Brakemen. 35  cents  per  hour 

That  in  all  other  yards  the  rates  shall  be : 

Day  Conductors 35  cents  per  hour 

Day  Brakemen. 32  cents  per  hour 

Night  Conductors 37  cents  per  hour 

Night  Brakemen. 34  cents  per  hotu" 

and  that  in  all  yards  10  hours  or  less  shall  constitute  a  day's  work;  overtime,  computed  for  each  em* 
ploye  on  the  basis  of  actual  overtime  worked  or  held  for  duty,  pro  rata. 

PROPOSED  BY  EMPLOYES: 

Article  O.     Upon  roads  having  a  better  basis  for  a  day's  work  or  for  payment 
of  overtime,  or  other  rates  or  allowances  in  passenger,  freight,  yard,  mixed,  work  train 
service,  or  other  services,  the  adoption  of  the  foregoing  rates  and  rules  not  to  operate 
as  a  reduction  thereof. 
Pursuant  to  agreement  between  the  principals  in  this  proceeding: 

10 


IT  IS  ADJUDGED  AND  AWARDED  that  neither  this  award  nor  any  minor  adjustment  made 
thereunder  shall  operate  to  reduce  the  compensation  now  paid  for  any  service  under  the  pay  schedule. 

In  the  schedule  of  January  1,  1907,  it  is  specified  that  certain  runs  will  be  considered  local  pick- 
up and  drop  train.     That  classification  of  those  runs  is  hereby  continued. 

The  present  schedule  contains  certain  rules  affecting  the  compensation  of  the  employes  for  spe- 
cial or  incidental  service,  based,  of  course,  upon  present  standards  of  pay.  In  so  far  as  such  rules  are 
in  conflict  with  and  are  absorbed  by  this  award  they  are  abrogated.  Aside  from  such  conflict  or 
absorption  these  rules,  and  other  rules  affecting  services  and  compensation  of  these  employes,  are 
subject  to  adjustment  between  the  management  and  the  employes,  consistent  with  the  new  standards 
of  compensation  here  awarded.* 

In  numerous  instances  the  present  schedule  provides  that  employes  shall  have  certain  days  off 
duty.  These  allowances  evidently  were  intended  to  affect  or  be  a  part  of  the  employe's  compensa- 
tion. It  is  to  be  understood  that  the  new  rates  and  rules  here  awarded  do  not  contemplate  continu- 
ance of  these  allowances  except  in  instances  in  which  the  new  adjustment  does  not  fully  compen- 
sate the  employe  for  discontinuance  of  same,  and  in  instances  in  which  the  management  and  the 
employes  hereafter  agree  upon  such  allowances. 

The  present  schedule  provided  for  certain  baggagemen  who  also  handle  express  business.  Their 
compensation  is  paid  in  part  by  the  express  company.  The  conditions  of  their  service  and  com- 
pensation vary  on  different  parts  of  the  roads  and  on  different  runs.  The  details  of  the  adjustment 
of  the  compensation  of  this  class  of  employes  are  hereby  left  to  negotiations  between  the  officers  of 
the  company  and  the  committees  of  employes,  with  the  understanding  that  they  shall  be  accorded 
increases  in  pay  proportionate  and  harmonious  with  those  herein  awarded  to  other  baggagemen. 

On  the  Ontario  Division  and  the  St.  Lawrence  Division  (formerly  R.  W.  &  O.)  present  pay 
schedule  provides  for  numerous  allowances  of  constructive  mileage,  largely  upon  runs  which  no 
longer  exist.  It  is  understood  that  these  special  constructive  mileage  allowances  will  be  discontinued, 
€xcepting  that  present  pay  of  brakemen  on  Utica-Ogdensburg  freight  runs  shall  not  be  reduced.  The 
rates  and  rules  herein  awarded  will  be  generally  applied.  Oswego,  Watertown,  Syracuse  and  Utica 
shall  be  considered  terminals  for  freight  runs  and  freight  runs  between  any  two  of  those  terminals 
beginning  and  ending  thereat  shall  be  paid  as  100  miles.  For  example,  a  trip  from  Sahna  or 
Syracuse  to  Watertown  will  be  paid  as  100  miles,  and  a  trip  from  Salina  to  Syracuse  to  Watertown 
and  return  to  Salina  or  Syracuse  will  be  paid  as  200  miles. 

PROPOSED   BY  EMPLOYES: 
Article  P.  Application  of  Sixteen  Hour  Law. 
This  proposal  developed  no  substantial  difference  of  opinion  between  the  parties  to  this  arbi- 
tration. 

IT  IS  ADJUDGED  AND  AWARDED  that: 

(a)  Under  the  laws  limiting  the  hours  on  duty,  crews  in  road  service  shall  not  be  tied  up 
unless  it  is  apparent  that  the  trip  cannot  be  completed  within  the  lawful  time;  and  not  then,  until 
after  the  expiration  of  fourteen  hours  on  duty  under  the  Federal  law,  or  within  two  hours  of  the 
time  limit  provided  by  State  laws  if  State  laws  govern. 

(b)  If  road  crews  are  tied  up  in  a  less  number  of  hours  than  provided  in  the  preceding  para- 
graph, they  shall  not  be  regarded  as  having  been  tied  up  under  the  law,  and  their  services  shall  be 
paid  for  under  the  pay  schedule  of  the  road. 

(c)  When  road  crews  are  tied  up  between  terminals  under  the  law,  they  shall  again  be  con- 

11 


sidered  on  duty  and  under  pay  immediately  upon  the  expiration  of  the  minimum  legal  period  off  duty 
applicable  to  the  crew,  provided,  the  longest  period  of  rest  required  by  any  member  of  the  crew, 
either  eight  or  ten  hours,  shall  be  the  period  of  rest  for  the  entire  crew. 

(d)  A  continuous  trip  shall  cover  movement  straight-away  or  turn-around  from  initial  point 
to  the  destination  train  is  making  when  required  to  tie  up.  If  any  change  is  made  in  the  destina- 
tion after  the  crew  is  released  for  rest,  a  new  trip  shall  commence  when  the  crew  resumes  duty. 

(e)  Road  crews  tied  up  under  the  law,  shall  be  paid  the  time  or  mileage  of  their  schedule, 
from  initial  point  to  tie-up  point.  When  such  crews  resume  duty  on  a  continuance  trip,  they  shall 
be  paid  miles  or  hours,  whichever  is  the  greater,  from  the  tie-up  point  to  the  next  tie-up  point,  or 
to  the  terminal.  This  does  not  permit  crews  to  be  run  through  terminals  unless  such  practice  is 
permitted  under  the  pay  schedule. 

(f)  Road  crews  tied  up  for  rest  under  the  law,  and  then  deadheaded  into  terminal,  with  or 
without  caboose,  shall  be  paid  therefore  as  per  paragraph  (e)  the  same  as  if  they  had  run  the  train 
to  such  terminal. 

(g)  Train  employes  tied  up  in  obedience  to  law  shall  not  be  required  to  watch  or  care  for 
engines  or  perform  other  duties  while  so  tied  up. 

(h)  Yard  employes  who  are  relieved  for  rest  in  compliance  with  law  shall  be  permitted  to 
resume  work  when  the  lawful  rest  period  is  up  and  to  work  ten  hours  or  be  paid  for  ten  hours. 

E.  E.  Clark, 

P.    H.    MORRISSEY, 

Arbitrators. 
New  York,  N.  Y. 
May  4,  1910. 

EXCEPTION  (see  page  5) : 
The  award  of  overtime  on  short  turn-around  passenger  runs  on  the  New  York  Central,  no  single 
trip  of  which  exceeds  80  miles,  including  suburban  service,  provides  for  overtime  on  runs  upon  which 
none  has  heretofore  been  paid.  It  inaugurates  an  entirely  new  basis  for  overtime  on  this  road, 
and  it  is  deemed  advisable  and  fair  to  make  that  particular  part  of  the  award  effective  June  1, 
1910,  and  it  is  so  adjudged  and  awarded. 

E.  E.  Clark, 

P.    H.    MORRISSEY, 

Arbitrators. 


12 


YE   14135 


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